DOL Is Working on Reporting Mechanism for Mandatory Nurse Overtime Reporting

Hospitals, nursing homes, adult day health care (ADHC) programs, diagnostic and treatment centers, hospitals, and state-operated facilities licensed under various state laws are reminded of amendments to existing Labor Law that further restrict the use of mandatory overtime for nurses. Click here for background on these changes, which went into effect on June 28, 2023.

One change that was effective in June was a reporting requirement for employers who utilize the exceptions to the limitations on mandatory overtime, which are outlined below. For months, LeadingAge NY has been trying to get clarity regarding how providers should report this required information. Late last week, we were informed that the Department of Labor (DOL) is working on setting up a reporting system, which will be available soon. They ask that providers save any reports and submit them once the system is ready.

Reporting requirements:

• If these exceptions are used for 15 days or more in a given month, the employer shall report to the Department of Health (DOH) and DOL the number of days of mandatory overtime that were required, the number of employees who were required to work overtime, and the dates it was required.
• If using these exceptions for 45 days or more in any consecutive three-month period, the employer shall file with DOH and DOL an explanation for why the mandatory overtime was required and provide an estimate of when the employer intends to cease the use of mandatory overtime.

We will inform members when this information is available. We anticipate the information being posted on this website.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828